1-Pages to return with Bid PB26005.pdf

Memorial Park Access Improvements Contract Documents

CONTRACT DOCUMENTS AND SPECIFICATIONS

FOR

Memorial Park Access Improvements

PENNDEL BOROUGH

BUCKS COUNTY, PENNSYLVANIA

June 2024

Prepared For:

Prepared by

1578 State Road 1-888-346-8673 Coopersburg PA 18036 www.value.engineering

CONTRACT

THIS CONTRACT is made this __________ day of ________________________, 2026, by and between PENNDEL BOROUGH, hereinafter "Owner," for the Project entitled Memorial Park Access Improvements, and ___________________________________________, hereinafter "Contractor."

GENERAL PROVISIONS:

The Contractor shall:

(a) Have charge of and be responsible for the entire work for which it has contracted until the Project’s final completion and acceptance by the Owner;

(b) Be held liable for any defects which may appear in the material it has furnished or in its work for a period of one (1) year after final acceptance of the Project by the Owner;

(c) Be solely liable for any damage occasioned by its work to the property of the Owner and others; and

(d) Upon conclusion of the Project, clean up the ground worked over to the Owner’s satisfaction.

RESPONSIBILITIES OF CONTRACTOR:

The Contractor agrees to pay for all materials furnished and services rendered for the performance of the Contract and that any person or corporation furnishing materials or rendering services to the Contractor as though such person or corporation were expressly named herein, provided the action is brought within one (1) year after the time the cause of the action accrued.

To the fullest extent permitted by law, the Contractor agrees to protect, hold free and harmless, defend, and indemnify the Owner and the Engineer, including their directors, elected or appointed officials, officers, employees, representatives, and agents (“Indemnified Parties”) from all liability, penalties, costs, losses, damages, expenses, causes of action, claims or judgments (including attorney’s fees) resulting from injury to or death of any person or damage to property of any kind, which injury, death of any person or damage arises out of, or is in any way connected with the performance of the Work under this Contract. This agreement shall apply to any acts or omissions, willful misconduct or negligent conduct, whether active or passive, including acts or omissions of the Contractor’s agents or employees, except that this agreement shall not be applicable to injury, death or damage to property arising from the sole negligence or sole willful misconduct of the Indemnified Parties. Accordingly, the Owner shall notify the Contractor promptly, in writing, of any claim or action brought against the Indemnified Parties in connection with the Work under this Contract. Upon such notification, the Contractor shall promptly take over and defend any such claim or action. The Owner shall have the right and option to be represented in any such claim or action at its own expense. The Contractor’s obligation to defend and indemnify the Indemnified Parties shall survive the termination of this Contract or completion of the Work. To the fullest extent permitted by law, the Contractor shall be solely responsible for any loss or damage to property of the Contractor or its subcontractors, invitees, employees, officials, volunteers, agents and representatives while such property is within or adjacent to the Owner’s borders.

It is also agreed and understood that acceptance of final payment by the Contractor shall be considered as a release in full of any claim against the Owner out of, or by reason of, the work done, and materials furnished under this Contract.

The Contractor shall cooperate with the Owner in carrying on the work, without interrupting any service to the public.

BONDS AND INSURANCE CERTIFICATES:

The Contract will not become effective until the Owner has received satisfactory performance, payment, and maintenance bonds executed by responsible surety companies licensed to do business in the Commonwealth of Pennsylvania and acceptable to the Owner, together with the necessary proof of insurance under policies issued by companies authorized to do business in Pennsylvania and meeting the requirements of the Contract Documents.

The Contractor hereby acknowledges its status as an independent contractor while performing services on behalf of the Owner and that the Owner’s workers compensation insurance is not intended to and will not respond to cover any medical or indemnity loss arising out of injury to the Contractor or its employees during the Contractor’s performance of services for Owner for the Project.

STARTING AND PROSECUTION OF WORK:

The Contractor agrees to begin the Work within ten (10) calendar days after receipt of the Notice to Proceed, and to prosecute the Work expeditiously to a conclusion, using an adequate number of competent persons, suitable equipment and machinery at all times, and working each working day that weather conditions permit and shall be completed within 90 calendar days after receipt of the Notice to Proceed.

The Contractor and the Owner recognize that time is of the essence and that the Owner will suffer financial loss if the Work is not completed within the time specified in this Section, plus any extensions thereof allowed in accordance with the Contract Documents. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by the Owner if the Work is not completed on time.

Accordingly, instead of requiring any such proof, the Owner and the Contractor agree that as liquidated damages for delay (but not as a penalty), Contractor shall pay Owner $150.00 for each day that the Work is not completed and ready for final payment after the expiration of the time specified in the preceding paragraph for the completion of the Work.

WORK INCLUDED IN THE CONTRACT:

The Contract shall consist of furnishing all labor, superintendence, materials, equipment, tools, and other facilities, and all things necessary and proper for performance of the Work as described in these plans and documents prepared by the Engineer.

CONTRACT DOCUMENTS:

The Contract Documents consist of the following:

• This Contract;

• Performance Bond;

• Payment Bond;

• Affirmative Action Plan

• Affidavit on Lobbying for Contracts, Grants or Loans

• Contractor’s and Subcontractor’s Questionnaire

• Build America, Buy America Act (BABAA) Self-Certification

• Maintenance Bond;

• General Conditions, Part I

• Project Plans

• Contractor’s Affidavit;

• Contractor’s Release of Liens;

• Consent of Surety;

• Bid Packet;

• Any Addenda created in accordance with the requirements of the Bid Packet;

• The Contractor’s Bid;

• Documentation submitted by the Contractor as required by the Bid Packet;

• The Wage Decision Applicable to this Project

• Notice to Proceed, when issued; and

• Change Orders, if any.

There are no Contract Documents other than those listed above in this Section.

MATERIALS TO BE FURNISHED BY THE OWNER:

No material will be furnished by the Owner.

WORK DONE BY THE OWNER:

No work will be done by the Owner in connection with the Contract.

MANUFACTURER CERTIFICATION:

All products and materials supplied to this project that consist of or include iron, steel, all other metals, lumber, composite building materials, plastic and polymer-based pipe and tube materials, and PVC pipe, shall be accompanied by a manufacturers certificate which identifies this project, specific product information, compliance with BABA, location of manufacturer, and the signature of a representative of the manufacturer’s company.

PROHIBITION OF DISCRIMINATION:

The Contractor, subcontractor and any person acting on their behalf shall comply with the non-discrimination provisions of the Pennsylvania Human Relations Act, as amended (Act of 1955, P.L. 744, No. 222, as amended June 25, 1997 by Act 34 of 1997; 43 P.S. §§951-963).

As such, the Contractor shall comply with the following provisions prohibiting discrimination relative to performance of the Work under this Contract.

(a) In the hiring of employees for the performance of Work under the Contract or any subcontract, no contractor, subcontractor, or any person acting on behalf of a contractor or subcontractor shall by reason of gender, race, creed, or color, discriminate against any citizen of this Commonwealth who is qualified and available to perform the Work to which the employment relates.

(b) No contractor or subcontractor, nor any person on their behalf, shall in any manner discriminate or intimidate any employee hired for the performance of Work under the Contract on account of gender, race, creed or color.

(c) The Contract may be canceled or terminated by the Owner and all money due or to become due under the Contract may be forfeited for a violation of the terms or conditions of this portion of the Contract.

PAYMENTS:

In consideration of the Contractor faithfully complying with the terms and stipulations of the Contract, the Owner covenants and agrees to pay said Contractor the sum set forth in the accepted Bid of said Contractor, and also pay for any extra work that may be agreed upon in writing and said prices shall be full compensation under the terms of the Contract.

Monthly estimates will be prepared by the Contractor, and approved by the Engineer, of the value of the work done as of the fifteenth of each month, while work is being carried on under this Contract, and payment of the estimated value of said work will be made on or about the first Monday of the following month.

Payment of the remaining balance of the Contract Price will be made within thirty (30) days of the satisfactory completion and acceptance by the Owner of the Work, contingent upon delivery to the owner of satisfactory payroll certifications, maintenance bond, consent of surety, contractor’s affidavit and release of liens as further described in these contract documents.

CHANGES IN THE WORK:

Without invalidating this Contract and without notice to any surety, the Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work by a Change Order, or a Work Change Directive. The terms of the change order shall be prepared in writing by the engineer and presented to the Owner and the Contractor. No change order is effective until accepted and signed by the Owner. Upon receipt of any such document, the Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided).

If the Owner and the Contractor are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Time that should be allowed as a result of a Work Change Directive, a Claim may be made therefor as provided below in this Section.

Any and all changes in the Work, whether by Change Order, Work Change Directive, Field Order, or other type of amendment, shall comply with all applicable laws and regulations, in particular, those specifically regarding public bidding procedures and requirements.

The Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Time with respect to any Work performed that is not required by the Contract Documents as amended, modified, or supplemented.

The Owner and the Contractor shall execute appropriate Change Orders recommended by the Engineer covering:

(a) Changes in the Work which are: (i) ordered by Owner or (ii) agreed to by the parties;

(b) Changes in the Contract Price or Contract Time which are agreed to by the parties; and

(c) Changes in the Contract Price or Contract Time which embody the substance of any written decision rendered by the Engineer pursuant to Claim filed under this Section.

If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time), the giving of any such notice will be the Contractor’s responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change.

All Claims filed pursuant to this Section shall be referred to the Engineer for a decision. A decision by the Engineer shall be required as a condition precedent to any exercise by the Owner or the Contractor of any rights or remedies either may otherwise have under the Contract Documents or the applicable laws and regulations. Written notice stating the general nature of each Claim shall be delivered by the claimant to the Engineer and the other party to this Contract promptly, but in no event later than thirty (30) days, after the start of the event giving rise thereto.

The responsibility to substantiate a Claim shall rest with the party making the Claim. More specific written notice of the amount or extent of the Claim, with supporting data shall be delivered to the Engineer and the other party within sixty (60) days after the start of such event (unless Engineer allows additional time for claimant to submit additional or more accurate data in support of such Claim). Each Claim shall be accompanied by claimant’s written statement that the adjustment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing party shall submit any response to the Engineer and the claimant within thirty (30) days after receipt of the claimant’s last submittal (unless Engineer allows additional time). The Engineer will review the Claim and, within thirty (30) days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any, take one of the following actions in writing:

• deny the Claim in whole or in part;

• approve the Claim in whole or in part; or

• notify the parties that it is unable to resolve the Claim if, in the Engineer’s sole discretion, it would be inappropriate for the Engineer to do so. For purposes of further resolution of the Claim, such notice shall be deemed a denial.

In the event that Engineer does not take action on a Claim within said thirty (30) days, the Claim shall be deemed denied. The Engineer’s written action concerning a Claim will be final and binding upon the Owner and the Contractor. No Claim for an adjustment in Contract Price or Contract Time will be valid if not submitted in accordance with this Section.

MISCELLANEOUS

(a) No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically, but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents.

(b) The Owner and the Contractor each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents.

(c) Any provision or part of the Contract Documents held to be void or unenforceable under any law or regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon the Owner and the Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision.

SCHEDULE OF BID ITEMS:

Construction Item Units Total Unit Total Cost Cost Cost 1 Work Zone Traffic Control & Pedestrian Protection LS 1 2 Remove existing signs from fence and store for re-installation. LS 1

Unclassified Demolition/Excavation. Sawcut, remove and dispose of existing materials including cement concrete sidewalk, concrete curb, asphalt, stone, fence, lawn and dirt as required.

LS 1

4 Install cement concrete curb, including transition taper curb and reinforced depressed curb, complete, in place. LF 130

Install 8” cement concrete wire reinforced accessible driveway apron, including aggregate base and detectable warning surface, complete, in place.

SF 160

6 Install 8" cement concrete wire reinforced type 3A driveway apron, including aggregate base, complete, in place. SF 70

7 Install 4" cement concrete sidewalk, including aggregate base and edge restoration after form removal, complete, in place. SF 2,845

Install Accessible Ramps. Achieve grade and dimension requirements for accessible ramps, including detectable warning surface, complete, in place.

EA 2

9 Install plain concrete cheek wall. LF 60 10 Neat Cut LF 200

11 Mill or excavate pavement inside entrance to subgrade elevation. SF 250

12 Asphalt restoration - Supply, place and compact 2a aggregate 6-inch thick to subbase grade, complete, in place TN 20

13 Superpave Volumetric Asphalt Mixture Design 25 mm Base Course 5 inch thickness complete, in place. TN 16

14 Superpave Volumetric Asphalt Mixture Design 9.5 mm Wearing Course complete, in place. TN 8

15 Joint Sealant LF 400

Supply and install 4' black vinyl-coated chain link fence with 2" 9 ga. fence mesh, 1.9" line posts, 2.875" terminal posts, 3" to 4" gate posts, all posts installed in concrete, top and bottom rail, and all associated hardware

LF 615

17 Supply and install 4' black vinyl-coated chain link industrial gate for 16' wide opening and all associated hardware LS 1

18 Supply and install rolling 4' black vinyl-coated chain link gate for 12' wide opening and all associated hardware LS 1

19 Pavement marking - new diagonal 4" wide lines to discourage parking near the southern pedestrian gate. LS 1

20 Reinstall signs onto fence. Sign locations shall be as directed by the engineer. LS 1

21 Sod - furnish and place cultivated sod. SF 390

Optional Items A - Supply 6-foot gates

Supply and install swinging 4' black vinyl-coated chain link gate for 6' wide opening at war memorial including all associated hardware

EA 1

23 Supply and install 4' black vinyl-coated chain link rolling gates for 6' openings including all associated hardware EA 2

Optional Items B - Pavement Markings

Pavement Markings - refresh/restore existing pavement markings, including space delineators, gore markings and ADA symbols.

LS 1

Optional Items C - complete sidewalk and fence replacement along frontage

25 Remove 12-inch maple tree as needed for extended sidewalk construction. LS 1

26 Remove and dispose of additional 70 LF sidewalk, south end of project area. LF 70

Install cement 4" concrete sidewalk 4 feet wide including aggregate base and edge restoration after form removal, complete, in place.

SF 280

Supply and install 4' black vinyl-coated chain link fence with 2" 9 ga. fence mesh, 1.9" line posts, 2.875" terminal posts, all posts installed in concrete, top and bottom rail, and all associated hardware.

LF 90

TOTAL AMOUNT OF AWARDED BID: $

IN WITNESS WHEREOF: The parties hereto have caused the signature of their proper officers and seals to be affixed thereto:

OWNER PENNDEL BOROUGH

Attest:

____________________________ By:

Borough Secretary Borough Manager or Council President

Date:

CONTRACTOR ________________________________________

Attest:

____________________________ By:

Name:

Title: Name:

Title:

Date:

ENGINEER VALUE ENGINEERING INC.

Approved:

____________________________ By:

Date Name:

Title:

PERFORMANCE BOND

Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable.

CONTRACTOR (Name and Address): SURETY (Name, and Address of Principal Place of Business):

OWNER (Name and Address):

300 Bellevue Avenue Penndel, PA 19047

CONTRACT

Date of Award:

Amount:

Description (Name and Location): Memorial Park Access Improvements, Penndel Borough

BOND

Bond Number:

Date (Not earlier than Contract Date of Award):

Amount:

Modifications to this Bond Form:

Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative.

CONTRACTOR AS PRINCIPAL SURETY

(Seal) (Seal) Contractor's Name and Corporate Seal Surety’s Name and Corporate Seal

By: By:

Signature Signature (Attach Power of Attorney)

Print Name Print Name

Title Title

Attest: Attest:

Signature Signature

Note: Provide execution by additional parties, such as joint venturers, if necessary.

Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner for the performance of the Contract, which is incorporated herein by reference.

1. If Contractor performs the Contract, Surety and Contractor have no obligation under this Bond, except to participate in conferences as provided in Paragraph 2.1.

2. If there is no Owner Default, Surety’s obligation under this Bond shall arise after:

2.1. Owner has notified Contractor and Surety, at the addresses described in Paragraph 9 below, that Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with Contractor and Surety to be held not later than 15 days after receipt of such notice to discuss methods of performing the Contract. If Owner, Contractor, and Surety agree, Contractor shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waive Owner’s right, if any, subsequently to declare a Contractor Default; and

2.2. Owner has declared a Contractor Default and formally terminated Contractor’s right to complete the Contract. Such Contractor Default shall not be declared earlier than 20 days after Contractor and Surety have received notice as provided in Paragraph 2.1; and

2.3. Owner has agreed to pay the Balance of the Contract Price to:

2.3.1. Surety in accordance with the terms of the Contract; or

2.3.2. Another contractor selected pursuant to Paragraph 3.3 to perform the Contract.

3. When Owner has satisfied the conditions of Paragraph 2, Surety shall promptly, and at Surety’s expense, take one of the following actions:

3.1. Arrange for Contractor, with consent of Owner, to perform and complete the Contract; or

3.2. Undertake to perform and complete the Contract itself, through its agents or through independent contractors; or

3.3. Obtain bids or negotiated proposals from qualified contractors acceptable to Owner for a contract for performance and completion of the Contract, arrange for a contract to be prepared for execution by Owner and contractor selected with Owner’s concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Contract, and pay to Owner the amount of damages as described in Paragraph 5 in excess of the Balance of the Contract Price incurred by Owner resulting from Contractor Default; or

3.4. Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under these circumstances:

3.4.1. After investigation, determine the amount for which it may be liable to Owner and, as soon as practicable after the amount is determined, tender payment therefor to Owner;

or

3.4.2. Deny liability in whole or in part and notify Owner citing reasons therefor.

4. If Surety does not proceed as provided in Paragraph 3 with reasonable promptness, Surety shall be deemed to be in default on this Bond 15 days after receipt of an additional written notice from Owner to Surety demanding that Surety perform its obligations under this Bond, and Owner shall be entitled to enforce any remedy available to Owner. If Surety proceeds as provided in Paragraph 3.4, and Owner refuses the payment tendered or Surety has denied liability, in whole or in part, without further notice Owner shall be entitled to enforce any remedy available to Owner.

5. After Owner has terminated Contractor’s right to complete the Contract, and if Surety elects to act under

Paragraphs 3.1, 3.2, or 3.3 above, then the responsibilities of Surety to Owner shall not be greater than those of Contractor under the Contract, and the responsibilities of Owner to Surety shall not be greater than those of Owner under the Contract. To the limit of the amount of this Bond, but subject to commitment by Owner of the Balance of the Contract Price to mitigation of costs and damages on the Contract, Surety is obligated without duplication for:

5.1. The responsibilities of Contractor for correction of defective Work and completion of the Contract;

5.2. Additional legal, design professional, and delay costs resulting from Contractor’s Default, and resulting from the actions of or failure to act of Surety under Paragraph 3; and

5.3. Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non-performance of Contractor.

6. Surety shall not be liable to Owner or others for obligations of Contractor that are unrelated to the

Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than Owner or its heirs, executors, administrators, or successors.

7. Surety hereby waives notice of any change, including changes of time, to Contract or to related subcontracts, purchase orders, and other obligations.

8. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the Work or part of the Work is located, and shall be instituted within two years after Contractor Default or within two years after Contractor ceased working or within two years after Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable.

9. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the address shown on the signature page.

10. When this Bond has been furnished to comply with a statutory requirement in the location where the

Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond.

11. Definitions.

11.1. Balance of the Contract Price: The total amount payable by Owner to Contractor under the

Contract after all proper adjustments have been made, including allowance to Contractor of any amounts received or to be received by Owner in settlement of insurance or other Claims for damages to which Contractor is entitled, reduced by all valid and proper payments made to or on behalf of Contractor under the Contract.

11.2. Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto.

11.3. Contractor Default: Failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Contract.

11.4. Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract or to perform and complete or otherwise comply with the other terms thereof.

12. Any action filed under this Bond must be commenced in the BUCKS County Court of Common Pleas or the

United States District Court for the Eastern District of Pennsylvania. This is a legal requirement and not subject to negotiation or change.

FOR INFORMATION ONLY – (Name, Address and Telephone) Surety Agency or Broker:

Owner’s Representative (Engineer or other party): Value Engineering, Inc.

1578 State Road Coopersburg, PA 18036 888-346-8673

PAYMENT BOND

Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable.

CONTRACTOR (Name and Address): SURETY (Name, and Address of Principal Place of Business):

OWNER (Name and Address):

300 Bellevue Avenue Penndel, PA 19047

CONTRACT

Date of Award:

Amount:

Description (Name and Location): Memorial Park Access Improvements, Penndel Borough

BOND

Bond Number:

Date (Not earlier than Contract Date of Award):

Amount:

Modifications to this Bond Form:

Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Payment Bond to be duly executed by an authorized officer, agent, or representative.

CONTRACTOR AS PRINCIPAL SURETY

(Seal) (Seal) Contractor's Name and Corporate Seal Surety’s Name and Corporate Seal

By: By:

Signature Signature (Attach Power of Attorney)

Print Name Print Name

Attest: Attest:

Signature Signature

Note: Provide execution by additional parties, such as joint venturers, if necessary.

1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner to pay for labor, materials, and equipment furnished by Claimants for use in the performance of the Contract, which is incorporated herein by reference.

2. With respect to Owner, this obligation shall be null and void if Contractor:

2.1. Promptly makes payment, directly or indirectly, for all sums due Claimants, and

2.2. Defends, indemnifies, and holds harmless Owner from all claims, demands, liens, or suits alleging non-payment by Contractor by any person or entity who furnished labor, materials, or equipment for use in the performance of the Contract, provided Owner has promptly notified Contractor and Surety (at the addresses described in Paragraph 12) of any claims, demands, liens, or suits and tendered defense of such claims, demands, liens, or suits to Contractor and Surety, and provided there is no Owner Default.

3. With respect to Claimants, this obligation shall be null and void if Contractor promptly makes payment, directly or indirectly, for all sums due.

4. Surety shall have no obligation to Claimants under this Bond until:

4.1. Claimants who are employed by or have a direct contract with Contractor have given notice to

Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim.

4.2. Claimants who do not have a direct contract with Contractor:

4.2.1. Have furnished written notice to Contractor and sent a copy, or notice thereof, to Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials or equipment were furnished or supplied, or for whom the labor was done or performed; and

4.2.2. Have either received a rejection in whole or in part from Contractor, or not received within 30 days of furnishing the above notice any communication from Contractor by which Contractor had indicated the claim will be paid directly or indirectly; and

4.2.3. Not having been paid within the above 30 days, have sent a written notice to Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to Contractor.

5. If a notice by a Claimant required by Paragraph 4 is provided by Owner to Contractor or to Surety, that is sufficient compliance.

6. When a Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at Surety’s expense take the following actions:

6.1. Send an answer to that Claimant, with a copy to Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed.

6.2. Pay or arrange for payment of any undisputed amounts.

7. Surety’s total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by Surety.

8. Amounts owed by Owner to Contractor under the Contract shall be used for the performance of the

Contract and to satisfy claims, if any, under any performance bond. By Contractor furnishing and Owner accepting this Bond, they agree that all funds earned by Contractor in the performance of the Contract are dedicated to satisfy obligations of Contractor and Surety under this Bond, subject to Owner’s priority to use the funds for the completion of the Work.

9. Surety shall not be liable to Owner, Claimants, or others for obligations of Contractor that are unrelated to the Contract. Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond.

10. Surety hereby waives notice of any change, including changes of time, to the Contract or to related subcontracts, purchase orders, and other obligations.

11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the Work or part of the Work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Paragraph 4.1 or Paragraph 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable.

12. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the addresses shown on the signature page. Actual receipt of notice by Surety, Owner, or Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page.

13. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond.

14. Upon request of any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made.

15. Definitions

15.1. Claimant: An individual or entity having a direct contract with Contractor, or with a first-tier subcontractor of Contractor, to furnish labor, materials, or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms “labor, materials or equipment” that part of water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Contract, architectural and engineering services required for performance of the Work of Contractor and Contractor’s subcontractors, and all other items for which a mechanic’s lien may be asserted in the jurisdiction where the labor, materials, or equipment were furnished.

15.2. Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto.

15.3. Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract, or to perform and complete or otherwise comply with the other terms thereof.

16. Any action filed under this Bond must be commenced in the BUCKS County Court of Common Pleas or the United States District Court for the Eastern District of Pennsylvania. This is a legal requirement and not subject to negotiation or change.

FOR INFORMATION ONLY – (Name, Address, and Telephone) Surety Agency or Broker:

Owner’s Representative (Engineer or other party): Value Engineering Inc.

1578 State Road Coopersburg, PA 18036 888-346-8673

DIRECTIONS FOR PREPARATION OF ALL BONDS

1. Individual sureties, partnerships, or corporations not in the surety business will not be acceptable.

2. The name of the Principal shall be shown exactly as it appears in the Contract.

3. The penal sum shall be not less than that required by the Instructions to Bidders.

4. If the Principals are partners or joint ventures, each member shall execute the bond as an individual, with his place of residence shown.

5. If the Principal is a corporation, the bond shall be executed under its corporate seal. If the corporation has no corporate seal the fact shall be stated, in which case a scroll or adhesive seal shall be affixed following the corporate name.

6. The official character and authority of the person(s) executing the bond for the Principal, if a corporation, shall be certified by the secretary or assistant secretary thereof under the corporate seal, OR there may be attached copies of so much of the records of the corporation as will evidence the official character and authority of the officer signing, duly certified by the secretary or assistant secretary, under the corporate seal, to be true copies.

7. The current Power-of-Attorney of the person signing for the surety company must be attached to the bond.

8. For performance and payment bonds, the date of the bond must NOT be prior to the date of the Contract.

9. The following information must be placed on the bond by the surety company:

a. The rate of premium dollars per thousand; and

b. The total dollar amount premium charged.

10. The signature of a witness shall appear in the appropriate place, attesting to the signature of each part to the bond.

11. Type or print the name underneath EACH SIGNATURE appearing on the bond.

12. An executed copy of the performance bond and the payment bond must be attached to each copy of the Contract (original counterpart) intended for signing.

AFFIRMATIVE ACTION PLAN

TO INSURE EQUAL OPPORTUNITY IN HIRING AND EMPLOYMENT FOR ALL WORK

FUNDED THROUGH THE BUCKS COUNTY COMMUNITY DEVELOPMENT PROGRAM.

All Contractors and sub-Contractors agree to take the following actions:

1. Endorse the following statement: The undersigned Contractor has agreed that it will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin and will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex or national origin.

2. When hiring any subContractors, to provide an opportunity for any minority owned firms located within

Bucks County to bid for the job. The Department of Community and Business Development will provide a list of any such firms.

3. Report to the Department of Community and Business Development on the firm's total employees, by race and sex.

4. Send a copy of this Affirmative Action Plan to any collective bargaining organization with which the

Contractor has an agreement.

5. Post the Equal Opportunity Poster and this Affirmative Action Plan in conspicuous location available to employees.

(Name of Firm)________________________________________ hereby agrees to abide by the provisions of this Affirmative Action Plan.

Signature and Title

LOBBYING FOR CONTRACTS, GRANTS AND LOANS

I, _____________________________________, the undersigned, as the Chairman/President of

___________________________ ___ (Organization Name) certifies with respect to the expenditure of funds provided under this application by the County of Bucks , to the best of his/her knowledge and belief, that:

1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.

2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit standard form - "Disclosure Form to Report Lobbying", in accordance with its instructions.

3. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Signed: _________________________________ Name _________________________________

CONTRACTOR'S and SUBCONTRACTOR’S QUESTIONNAIRE

All Contractors must complete and return this form to:

BUCKS COUNTY DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

NESHAMINY MANOR CENTER 1260

ALMSHOUSE ROAD

DOYLESTOWN, PA 18901

Attach a separate copy of this questionnaire for each subcontractor.

1. Name, Address, Telephone, e-mail address, and Employer Identification Number:

(Sole proprietors who do not have an EIN number, please provide Social- Security number)

2. Project Name, Location and Contract Number:

3. Type of Work to be Undertaken:

4. Amount of Contract: $

5. Date of Award of Contract:

6. How Many Subcontractors will be Employed on this project:

7. Estimate Completion Date:

8. The below information is used by HUD to monitor and evaluate awarded contracts against the total program activity and the designated as mandated by the Small Business Act (SBA). The Department requires the information to provide guidance and oversight of programs for the development of small business, minority firms, businesses owned by disadvantaged persons, and women-owned firms.

Are any of the Principal Owners of the Contracting Firm:

a) A Resident of Bucks County:

b) Female:

c) Section 3:

d) A Member of a Minority Group:

If yes, please select the appropriate code below:

Below are the Racial/Ethnic codes that are offered on HUD’s report.

All Contractors and subcontractors undertaking projects funded through the Community Development program will indicate the number of their employees, by race and sex, on this form. Include all employees of the firm, not just those working on the Community Development project.

RACIAL

GROUP

# OF MALE

EMPLOYEES

# OF HISPANIC

MALE

EMPLOYEES

# OF FEMALE

EMPLOYEES

# OF HISPANIC

FEMALE

EMPLOYEES

White Black/African American

Asian Some Other Race

More than One Race

1 = White Americans 4 = Hispanic Americans 2 = Black Americans 5 = Asian/Pacific Americans 3 = Native Americans 6 = Hasidic Jews

SECTION 3 DEFINITIONS

A Section 3 person is one that earns less than 80% of the region's median income. A Section 3 business is 51 percent or more owned by low-income residents or is a business who employs Section 3 residents for at least 30 percent of its full-time, permanent staff; or provides evidence of a commitment to subcontract to Section 3 business concerns, 25 percent or more of the dollar amount of the awarded contract. For purposes of the CDBG program, household income is calculated to include income earned by each member of the household.

QUALIFYING AS A SECTION 3 BUSINESS

1. Is your business owned (51 % or more) by individuals whose household incomes are LESS THAN 80% of the Bucks County Median Income?

Yes: Complete Chart A Information for all owners of the business.

No

Owner’s Name Home Address Household Size Household Income Percent Ownership

2. Do 30% (or more) of your full-time, permanent employees have household incomes that are LESS THAN 80% of the Bucks County Median Income?

Yes: Complete Chart B information on employees qualifying as Section 3.

Employee Name Home Address Household Size Household Income Date of Hire

3. Will your business sub-contract more than 25% of this contract with any business that has any of the characteristics noted in Questions 1 or 2?

Yes: Complete Chart C contracts with Section 3 qualifying businesses.

Section 3

SubContractor Sub-Contractor

Business Address Contact Person Percent of Contract awarded to Sub-Contractor

By signing below, I certify all information in this form is true and correct to the best of my knowledge.

Authorized Representative Signature and Title

Board of Commissioners Diane M. Ellis-Marseglia, LCSW, Chair

Robert J. Harvie Jr., Vice Chair Gene D. DiGirolamo

COUNTY OF BUCKS

DEPARTMENT OF HOUSING & COMMUNITY DEVELOPMENT

Neshaminy Manor Center, 1260 Almshouse Road, Doylestown, PA 18901 Telephone: (215) 345-3845 Fax: (267) 885-1376 www.buckscounty.org

JEFFREY S. FIELDS, Director

Davis-Bacon and Related Acts (DBRA) Policies Acknowledgement Form This Acknowledgement form describes policies that must be followed when undertaking construction projects funded with Community Development Block Grant (CDBG) and/or HOME Investment Partnerships (HOME) Program funds to ensure compliance with the labor laws and requirements. Under the DOL regulations, the prime or general contractor and the Sub-recipient are responsible for full compliance with applicable requirements, including all subcontractors on the project. The Bucks County Department of Housing and Community Development (HCD), as the CDBG or HOME grantee, is responsible for the administration and enforcement of the requirements to ensure compliance.

Please review, initial and sign the following policies in acknowledgment:

I acknowledge that I am required to maintain documentation that demonstrates compliance with Davis-Bacon prevailing wage requirements during the course of the project work and for a period of five years thereafter. I affirm that I shall make the records available to the County for review upon request. Such documentation includes completed weekly payroll reports for all contractor employees working on the covered job, this includes prime/general contractor for its employees and those of the subcontractor(s) if applicable.

I understand that the payrolls should be reviewed by the prime/general contractor to ensure that there are no discrepancies or underpayments as per the applicable wage determination. I recognize that the HUD payroll form (WH-347) or alternative payroll documentation that includes the same elements to determine compliance with applicable regulations is required to be submitted. I further acknowledge that physical and original signed certified payrolls must be mailed to HCD in a timely manner.

I acknowledge that all submitted certified payrolls must include proper designation of trade and classification in accordance with the wage decision applicable to the project for each worker based on the actual type of work he/she performed on the project.

I recognize that if the wage determination applicable to the project is missing a wage rate needed for a specific job classification, HCD must be notified in writing with an attached job description. HCD will submit a conformance request for the proposed additional classification and wage rate by the Department of Labor (DOL).

I also understand that if apprentices or trainees are employed, the prime/general contractor must provide HCD with a copy of the employee(s) registration in an approved program demonstrating ratio and wage schedule with the first payroll on which an apprentice or trainee appears. I further acknowledge that if any apprentice or trainee that is not registered in an approved program must receive the journeyman's wage rate for the classification of work they performed.

http://www.buckscounty.org/

I also acknowledge that a Statement of Compliance must be completed and signed by an authorized representative of the company with all submitted payroll forms. This statement shall be executed by the Owner, Principal, or President of the Firm/Company.

The Statement of Compliance may only be signed by an authorized employee if the “Certificate from Contractor Appointing Officer or Employee to Supervise Payment of Employees” form or a letter authorizing such a delegation is submitted to HCD.

I understand that if a portion of prevailing wages is in the form of employer contributions to a benefits plan, verification of such contributions may be requested via an account statement from the benefits plan(s) administrator. I recognize that acceptable types of fringe benefits plans include: health insurance, life insurance, disability insurance, dental insurance, tuition assistance, retirement plans, apprenticeship costs, sick leave, and paid vacation days. Employee contributions to benefits plan should not be included in the fringe benefit calculation. If contributions are completed through a union, such rates must be evidenced by the prospective union collective bargaining agreement.

I further recognize that deductions required by law such as FICA, worker’s compensation, and unemployment benefits do not qualify as fringe…